The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution. The National Land Policy, which was passed as Sessional Paper No. 3 of 2009, arrived earlier than the Constitution, with some radical proposals on the land Management.

In the recent past, high profile cases involving land governance problems have been thrust into the public domain. These include the case involving the grabbing of a playground belonging to Lang’ata Road Primary School in Nairobi and the tussle over a 134 acre piece of land in Karen. Land ownership and use have been a great source of conflict among communities and even families in Kenya, a situation exacerbated by corruption.

Globalisation and urbanisation trends in developing countries present both opportunities for growth and development on one hand while contributing to the complex myriad challenges of managing urbanisation on the other hand. Cities and urban areas play a critical in the development of a country. They provide platforms that incorporate intense combination of economic, cultural and political factors of a country or region. Nairobi city is Kenya’s economic capital and is a major economic hub in Africa.

Article 67(2) (e) of the Constitution of Kenya mandates the Commission to initiate investigation on its own initiative or on a complaint into historical land injustices and recommend appropriate redress. To give effect to this Constitutional requirement, section 15 of the National Land Commission Act as amended by Section 38 of the Land Laws amendment Act 2016, provides the legal framework for redressing Historical Land Injustices.

Promoting a peaceful and lasting resolution to land conflicts in a protracted crisis context through a fair and environmentally sensitive approach.

This guidance note provides a framework for understanding and addressing land and natural resource-related grievances and conflicts through a holistic, systematic approach. While the main emphasis is on violent conflict, it may also be useful in a variety of other situations characterized by significant land-related grievances, but which are not currently or openly violent. It is intended for staff of multilateral organisations, national and local governments, and civil society organisations.

There is widespread belief among development specialists that land tenure security is a necessary but not sufficient condition for economic development.

Dispute resolution is a key component of land administration and management in Kenya. Article 162 of the Constitution of Kenya provides for the establishment of the Environment and Land Court (ELC) by an Act of Parliament. Further, parliament is mandated to determine the jurisdiction and functions of the courts. In 2011, parliament passed the Environment and Land Court Act through which the Environment and Land Court was established. In accordance with the provisions of this act, the court is mandated to ensure reasonable and equitable access to its services in all counties.

Land, and in particular agricultural land, is central to livelhoods in rural Zambia. Zambia is characterised by a dual legal system of customary and statutory law and by dual land tenure, with state land and customary land. A first wave of socialist-oriented reforms took place after independence in 1964, which abolished previously existing freehold land in favour of leasehold. Subsequent changes in government policies under the influence of structural adjustment programmes and a new government in 1991 paved the way for a market-driven land reform.

This article examines the evolution of policy recommendations concerning rural land issues since the formulation of the World Bank’s “Land Reform Policy Paper” in 1975. That paper set out three guiding principles: the desirability of owner-operated family farms; the need for markets to permit land to be transferred to more productive users; and the importance of an egalitarian asset distribution.

An overview of the types of land disputes and the dispute settlement fora.

Unfolding analysis reveals two types of land disputes prevalent in postwar northern Uganda: cases that involve a legitimate cause of action and those that do not.1 Since mediation and alternative forms of dispute resolution rely on parties’ willingness to negotiate in good faith, cases featuring ‘bad faith’ and land grabbing—where powerful parties intentionally exploit another person’s vulnerability in order to illegally2 claim land—pose a serious challenge for local land dispute mediators. Such mediators must wrestle with whether and how to remain neutral in the face of injustice.